Mortgage Broker Examination FAQs
Answers to common questions about examinations conducted by DFI.
How do I disclose the Yield Spread Premium on the Good Faith Estimate?
Spell out the words “Yield Spread Premium”, place it in the 800 series section, and disclose the yield spread premium as a dollar amount or dollar range.
Can I charge or collect Discount Points when I broker a Conventional or FHA loans?
No. The Mortgage Broker Practices Act (MBPA) prohibits the charging of discount points when it is payable to any party that is not the actual lender on the residential mortgage loan.
How long must I keep my books and records?
Accurate and current books and records shall be readily available to the Department at least twenty-five months following the effective period to which the books and records relate.
What are the characteristics of occupancy fraud?
Occupancy fraud typically involves two or more overlapping applications for separate owner-occupied properties. In addition, occupancy fraud may also include some of these other characteristics:
- Both properties are within 50 miles of each other
- Same loan originator for each transaction
- Borrower’s income is different on each loan application
- The same credit report is used for both loan applications
- Different lenders for each transaction
- Exclusion of the refinance loan amount and payment on the loan application for the purchase transaction
- The refinance property is listed as a rental property on the loan application for the purchase transaction
- Cash-out amount from the refinance transaction is used as the down payment for the purchase transaction
- All loans close as owner-occupied
What will DFI do if it discovers occupancy fraud during an examination?
Evidence of occupancy fraud is referred to our Enforcement Unit for a possible enforcement action.
(1) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud any person;